SIMPLIFIED 

SCHOOL LAWS 



BY 
O. W. COURSEY 



Publishers 

W. M. WELCH COMPANY 

205 ATLAS BLOCK, CHICAGO, ILL. 

ANAMOSA, lA. 




Class 

Book 

Copyright 1J^_. 



COPYRIGHT DEPOSm 



SIMPLIFIED 
SCHOOL LAWS 

of 

SOUTH DAKOTA 



A Classified Interpretation of the Late^ School 
Laws of the State 

for 

County Superintendents, School Officers 
and School Teachers 

hy 

O. W. COURSEY 

Ex-superintendent of Davison County 

Author of 

"History and Geography of the Philippine Islands" 

"A Legal Guide for School Officers and School Teachers' 

"Marie Sampalit, a Romance of the Philipine War". 



Publishers 
W, M. WELCH COMPANY 

CHICAGO, ILLINOIS 
AN AM O SA, I A, 






Entered according to Act of Congress, 
in the year 1909, by 

0. W. COURSEY, 

in the office of the Librarian of Congress 
at Washington. 



LIBRARY of CONGRESS 

Two Copies Received 

MAY ](3 1009 

CLASS ^ XXc. No. 
CUPY 3, 



TABLE OF CONTENTS 



CHAPTER I. 

County Superintendent: 7 

Qualifications 7 

Duties 7 

Salary 17 

CHAPTER 11. 

District School Boards: 18 

Qualifications 18 

Election : 18 

Oaths of Office 19 

Chairman: 19 

Qualifications 19 

Duties 19 

Salary 20 

Clerk: 20 

Qualifications 20 

Duties 21 

Salary 22 

Treasurer: 23 

Qualifications 23 

Duties 23 

Salary 24 

Meetings of the Board 25 

Powers and Duties of the Board 19-25 

Parlimentary 35 

Powers Denied 36 

Punishment of Clerks and Treasurers 37 

Punishment of the PubHc 38 

CHAPTER III. 

School Teachers: 39 

Qualifications: 39 

Life Diplomas. 39 

State Certificates 41 

First Grade Certificates .43 

Second Grade Certificates 45 

Third Grade Certificates 46 

Primary Certificates 47 

Special Certificates . 48 

Constant Qualifications 48 

Duties 48 

Salaries : 51 

CHAPTER IV. 
School Bonds 53 

CHAPTER V. 
Sub-division School Districts 59 



DEDICATION 

To one possessed of those manly qualities 
which make deceit impossible, friendship enduring 
and the lives of others about him happier— Professor 
G. W. Nash, President of the Northern Normal 
and Industrial School, Aberdeen, South Dakota— 
this booklet is affectionately dedicated by the 
author, 

O. W. COURSEY 



INTRODUCTION 

The objects of this little book are as follows: 

1 . To keep new county superintendents 
within the bounds of the law in the discharge of 
their official duties, 

2. To assist school officers in the administra- 
tion of their official work, 

3. To enable teachers to better understand 
their legal qualifications, and to 

4. To bring about more harmonious relations 
among those engaged in school work throughout 
the State 

O. W. COURSEY 



CHAPTER I. 

County Superintendent of Schools. 

Qualifications. 

1. Age — 21 years. 

2. Residence — Must have resided in the 
state 12 months, the county 30 days, 
the precinct 10 days. 

3. Must hold a regular first grade cer- 
tificate or a certificate of a higher 
grade at least one year prior to the 
time of his or her election. 

4. Teaching experience — None required 
under present law, except that re- 
quired by the superintendent of pub- 
lic instruction for all holders of first 
grade certificates and certificates of 
higher rank. 

Duties (Specific). 
January. 

1. Shall provide "suitable office for the 
transaction of business." 

2. Appoint deputy, provided there are 
at least 75 schools under his direct 
supervision. 

3. Apportion school money "on the 
tenth day of January." 



4. Visit schools. 

5. Hold District institutes. 

6. Select the dates for the summer nor- 
mal institute. Engage a conductor 
and instructors for the same. 

7 Order from some reputable school 
supply house clerks' and treasurers' 
blanks for the coming spring. Get 
the same in tabulated form. They 
are cheaper and more convenient. 
February. 

1. Continue the unfinished work of Jan- 
uary. 

2. Arrange for suitable observance of 
Lincoln's and of Washington's birth- 
days, 

3. See that the official records of the 
office are properly filled out and kept 
up according to Sections 33-3G, in- 
clusive, Revised School -Laws. 

March. 

1. Continue visiting schools and check- 
ing up school officers' accounts. 

2. Find out if teachers have been satis- 
factory to their respective districts, 
and if a change will be desired for 
the ensuing year. 

3. If it seems best, close teachers' dis- 
trict institutes this month. 



April. 

1. Sit with the county commissioners 
as a joint-body to sub-divide any 
districts that may have so decided 
by a majority vote at the regular 
March election governing such 
things. 

2. Appoint officers to the newly formed 
districts. 

3. April 15, mail out the tabulated pads 
of blanks to clerks and treasurers. 

4. Order Eighth Grade diplomas and 
other material needed for closing 
out the year's work. 

5. Begin the visitation of spring terms. 

May. 

1. Continue visiting schools. 

2. Bring up any odds and ends that 
may have had to be neglected dur- 
ing the busier season. 

June. 

1. Compare school census reports as re- 
quired by Sec. 100. 

2. Order teachers' blanks in tabulated 
form and other supplies needed for 
the opening of schools in the fall, so 
as to giye the publishers a chance to 
get them shipped on time. 



3. Secure and mail copies of the Read- 
ing Circle questions to teachers who 
have been pursuing the work, and 
encourage them to take the examina- 
tion.' 

4. Hold normal institute (if same was 

planned for this month). At the 

close send to the state department 

an itemized account of the receipts 

and expenditures of the institute 

fund for the year. 

P. S. Under the new law the superintend- 
ent must arrange to give instruction in music 
at least 20 minutes each day during institute. 

5. Compile the new census preparatory 
to the July apportionment. 

6. Send report of census to Commis- 
sioner of School and Public Lands. 

7. See that the newly elected school of- 
ficers qualify at once. 

July. 

1. Notify county treasurer of the 
amount to be withheld from the ap- 
portionment for library purposes. 
(10 cents per capita). 

2. Notify county treasurer to withhold 
apportionment money from districts 
that have not held at least six months 
of school during the previous school 
year. 

10 



3. Apportion school money "on the 
tenth day of July." 

4. Draw warrants for the school appor- 
tionment money, and notify each 
school treasurer of the amount due 
his district. 

5. Assist county treasurer in getting 
out notices to school clerks of the 
amounts drawn at different times 
during the year by the various school 
treasurers. 

6. Order a supply of Reading Circle 
books for the ensuing year. 

7. Early in the month send to each 
school officer a circular letter setting 
forth such recommendations con- 
cerning teachers' salaries and con- 
tracts, school property, etc., as may 
seem wise. Let this be the super- 
intendent's Annual Message. 

8. Sit with the county commissioners 
as a joint-body in apportioning the 
school property of any district that 
may have sub-divided. 

9. Assemble Library Board and select 
school library books. Order same 
promptly. 

u 



August. 

1. Prepare Annual Report. 

2. Send notices to chairman of those 
clerks and treasurers who filed cor- 
rect annual reports on or before the 
first day of August. 

3. Go after the reports of those dis- 
tricts that will not send them in, 
(The law does not say you may, it 
says you ''shall"). 

4. Submit to the superintendent of pub- 
lic instruction your annual report. 

September. 

1. Either the first Saturday in Septem- 
ber or the last Saturday in August 
hold a county teachers' meeting. 
Impart to your teachers your plan of 
work for the school year. Divide the 
county into districts for teachers' 
meetings and appoint officers from the 
various districts for the new year. (See 
laws of 1909). -This is a good time to 
distribute the school library and 
reading circle books. (The law pro- 
vides that the clerks shall get the 
library books. The above plan is 
much simpler, quicker and less ex- 
pensive. The law should be changed). 

13 



2. Begin to visit schools early in the 
month. Give little time to the older 
teachers, especially to those who have 
been teaching successfully for several 
years in the same district, but give 
more time to the younger teachers. 

3. Mail out regularly your printed 
monthly examination questions. 

October. 

1. Begin, if possible, to hold district 
institutes on the first Saturday in 
October. (Don't trust the work to 
teachers. Make it a point to be 
present yourself). 

2. Continue visiting schools. 

3. Attend the annual session of the 
South Dakota Educational Associa- 
tion. (Encourage your teachers to 
do likewise). 

November. 

1. File with the county auditor a bill 
for mileage for attending the South 
Dakota Educational Association, pro- 
vided the association was not held in 
the county in which the superinten- 
dent resides. 

2. Continue the work of visiting, etc. 

13 



December. 

1. Visit many schools during the month. 

2. December 15, report to state super- 
intendent, Reading Circle enroll 
ment. 

3. At the close of December file with 
the county auditor along with your 
bill for your December salary, your 

, Certificates of Visitation for schools 
visited during the year. 
"Happy New Year!" 
(General). 

1. Begin to advertise in the official 
papers of the county the teachers' 
examinations called by the state de- 
partment, at least three weeks in 
advance. 

2. Properly advertise the Eighth Grade 
examinations. 

3. Hold the seventh grade examinations 
' as provided in the Course of Study. 

4. Examine school officers' accounts. 

5. Send to the chairman of the various 
boards "Certified Statements of the 
condition of the records." 

6. Hear disputed cases against the clos- 
ing of any school (Sec. 114). 

7. Properly keep official records. 

14 



8. Give advice relative to school mat- 
ters to anybody whenever so re- 
quested. 

9. Act as truant officer for all districts 
under his direct supervision. 

10. Assemble county board of education 
every fifth year (the next meeting 
will be in 1912). 

11. Must send to the superintendent of 
the School for the Blind, at Gary, 
South Dakota, the names and ad- 
dresses of all blind and of all deaf 
children in the county. 

12. Shall act as a member of the board of 
appraisal to fix the value of school 
lands in the county, offered for sale. 

13. Must furnish to the state superinten- 
dent a plat of the school districts of 
the county, whenever called upon to 
do so. (See Sec. 78). 

14. Hold annual school officers meeting 
at ANY TIME during the year, most 
convenient (laws of 1909). 

(Suggestive). 
1. Stimulate regularity and punctuality 
in attendance by using Perfect At- 
tendance Certificates and Certificates 
of award prepared especially for this 
purpose. 

15 



2. Encourage the use of school library 
books by using the L^ibrary Certifi- 
cate system. 

3. Re-establish, if possible, the old- 
fashioned spelling school. It pays ! 

4. Arrange to hold a school picnic some 
time during June for all the schools 
in the county. If properly adver- 
tised, a large attendance is assured. 
(The author used all of the above 
suggestions during his supervision 
and he found that the results more 
than justified the efforts and ex- 
pense). 

Powers. 

1. To close school. 

2. To revoke certificates. 

3. To approve school officers' bonds 
whenever the two other members of 
the board refuse or neglect to do so. 

4. To grant permission to school offi- 
cers to teach school in their respec- 
tive districts, or to draw public 
moneys for other purposes. 

5. To order repairs made on school 
houses — not to exceed $50 in any 
one year. 

16 



6. Through the state department to call 
for opinions of the attorney general 
on technical points in the school 
law. 

7. Has power to excuse Indian children 
from attending school (lyaws of 
1907). 

Salary. 

1. Determined by: 

(a) Assessed valuation. 

(b) Population. (Registration List 
multiplied by five). 

2. Payable monthly. 

3. Limited to $1,500 per annum. 
Note — The superintendent's salary 
being on a fluctuating basis, it will 
naturally be changed at the end of 
each year. 



17 



CHAPTER II. 

District School Boards. 
Qualifications. 

1. Sex — Either male or female. 

2. Age — 21 years. 

3. Residence — State 12 months, (new 
constitutional amendment), county 
30 days, precinct 10 days. 

4. No property, or educational qualifi- 
cations are required ; but a school of- 
ficer must be a legal qualified voter. 
Nothing seems more self-evident than 
that a school officer could not hold 
an ofiice that he was not qualified to 
vote for some one else to hold. 

Election. 

1. Time — Third Tuesday in June. 

2. Place — Wherever designated on the 
Notices of Election. 

3. Term of Ofiice — Three years. 

4. Rotation — Treasurers will be elected 
in 1909, chairman 1910, clerks 1911. 
(Appointive officers hold till the next 
regular election. Opinion by John L. 
Pyle, Attorney General). 

18 



Oaths of Office. 

1. Form — Must conform to the law and 
to the Book of Forms. 

2. When Taken — On or before the 
second Tuesday in July. 

3. By Whom Administered : 

(a) County superintendent. 

(b) School clerks. 

(c) Justices of the Peace. 

(d) Township clerks. 

(e) Notaries public. 

(f) Any other officer of the law 
possessed of a seal. 

4. Where Filed — With the county 
superintendent. 

Chairman. 

1. Qualifications — Gives no bond ; sim- 
ply takes the oath of office and files 
the same with the county superin- 
tendent. 

2. Duties : 

(a) Presides over all meetings of the 
board. 

(b) Countersigns all warrants drawn 
upon the funds of the district (in 
case of refusal he can be com- 
pelled to by securing a writ of 
Mandamus) . 

(c) Acts as judge of school elections. 

19 



(d) Attends the annual meeting of 
all school officers convened by 
order of the county superinten- 
dent of schools. 

(e) Institutes legal proceedings in 
the name of the district. 

(f) Grants use of school house for 
public functions. 

3. Salary : 

(a) $5. per year. Cannot collect any- 
thing additional for presiding 
over special meetings or for act- 
ing as judge of election (Opinion 
by Attorney General, July 22, 
1903). 

(b) Receives $1.50, and five cents per 
mile, for attending the annual 
meeting of district officers con- 
vened by the county superinten- 
dent. 

Clerk. 

1. Qualification: 

(a) Takes oath of office, and files 
same with the county superin- 
tendent. 

(b) Executes a bond in the penal sum 
of $100. Same must be approved 
by the chairman and treasurer; 

30 



or if they refuse or neglect, by 
the county superintendent; and 
be filed with the county auditor, 
(c) Whenever re-elected, must give 
new bond and oath. 

2. Duties : 

(a) Keeps an accurate record of all 
meetings of the board. 

(b) Acts as a medium of communi- 
cation between the board and the 
county superintendent. 

(c) Posts all notices for regular or 
for special elections. 

(d) Acts as clerk of all school elec- 
tions. 

(e) Issues warrants for all bills reg- 
ularly allowed by the board. 

(f) Takes the school census, or ap- 
points someone else to do so 
(Sec. 99, Par. 2.) 

(g) Attends the annual meeting of 
school district officers convened 
by order of the county superin- 
tendent. 

(h) Reports to . the county superin- 
tendent any vacancies that may 
occur on the board. 

31 



(i) Acts as librarian of his district 
except while school is in session. 
(The law then designates the 
teacher as librarian). 

(j) Notifies the county auditor, im- 
mediately after the Annual Meet- 
ing on the second Tuesday in 
July, of the amount of district 
school tax levied for the ensuing- 
year. 

(k) Keeps a record of the receipts 
and expenditures. 

(1) Must make annual report to the 
county superintendent on or be- 
fore the first day of August of 
each year. 

3. Salary: 

(a) Receives $5. for each school or 
department thereof in his dis- 
trict, provided such ^school or 
department had at least three 
months of school during the pre- 
vious school year ending June 
30 of the current year. 

(b) Limitation — Is limited to $25. 
per annum. 

(c) Receives $1.50, and five cents per 
mile, for attending the Annual 

23 



district school officers' meetine 
convened by the county super- 
intendent. 

Treasurer. 

1. Qualification: 

(a) Takes oath of office, and files 
same with county superintendent. 

(b) Executes a bond. Amount is 
fixed by the board. It must be 
"not less than double the sum, 
as nearly as can be ascertained, 
to come into his hands in any 
one year." Same must be ap- 
proved by the clerk and chair- 
man ; or if they refuse or neglect, 
by the county superintendent ; 
and be filed with the county 
auditor. 

(c) Whenever re-elected, must give 
new bond and oath. 

2. Duties: 

(a) Keeps a record of all school 
moneys received and expended. 

(b) Pays out money only upon war- 
rants issued by the clerk, prop- 
erly authorized by the board. 

S3 



(c) Registers all warrants drawn up- 
on the district treasury for 
which there is no money on hand 
to pay. 

(d) Draws the school . aportionment 
money due his district at least 
twice each year. 

(e) Draws the school tax money due 
his district "at least once in three 
months." 

(f) Makes annual report in tripli- 
cate, filing one copy with the 
clerk, one with the county super- 
intendent and one with the rec- 
ords of his office, on or before 
the first day of August, each 
year. 

(g) Attends the meetings of district 
school officers convened by the 
county superintendent. 

3. Salary: 

(a) Receives $5. for each school or 
department thereof in his dis- 
trict, provided such school or de- 
partment thereof had at least 
three months of school during 
the previous school year ending 
June 30 of the current year. 

(b) Limitation — Is limited to $25. 
per annum. 

S4 



(c) Receives $1.50, and five cents per 
mile, for attending tlie annual 
district school officers' meeting 
convened by the county superin- 
tendent. 
Meetings of the Board. 

1. Regular: 

(a) Second Tuesday in July. 

(b) Last Tuesday in November. 

(c) Last Tuesday in March. 

2. Special: 

(a) The clerk can call a special meet- 
ing at any time upon request of 
a majority of the board, by giv- 
ing written notice to each of the 
other members. 

(b) Five legal voters in the district 
may petition the clerk at any 
time to call a special meeting of 
the voters of the entire district. 
In this event he must post public 
notices at least ten days in ad- 
vance, just the same as for a 
school election. 

Powers and Duties of the Board. 
1. Over School Sites: 

(a) May acquire school site, not to 
exceed two acres, selected by the 
patrons at a regularly called 
meeting. 

25 



(b) May select school site against 
the will of the owner by ai)])ea!- 
ing to the county superinten- 
dent. 

(c) May select a site, not to exceed 
two acres upon the "common 
school or endowment lands of 
this state," and secure title to the 
same by having selected it at 
least forty rods from any house 
and by filing a plat of the same 
with the Board of School and 
Public Lands at Pierre. The 
value of said site will then be 
appraised by the state board of 
appraisers, which, under the law, 
consists of the Commissioner of 
School and Public Lands, the 
State Auditor, and the Superin- 
tendent of the county wherein 
the land is situated. 

2. Over School Property: 

(a) The board shall have "the care, 
custody and control of all prop- 
erty." In case of defacement, it 
is the duty of the chairman to 
bring action for damages. 

(b) They must make all necessary 
repairs. If they fail to do so, 
the county superintendent is au- 

26 



thorized to take the law in his 
own hands and expend not to ex- 
ceed $50. in any one year of the 
district's money in fixing up 
their property. (Sec, 32.) 

(c) May remove a school house, in 
township districts, upon a ma- 
jority vote of the patrons. 

(d) May remove a school house, in 
sub-divided districts, upon a two- 
thirds majority vote of the pat- 
rons. 

(e) "Shall build, hire or purchase 
such school house" (or) "make 
sale of any school house or prop- 
erty of the district, when law- 
fully directed by the voters of 
such district;" but the plans for 
all new school houses must be 
approved by the superintendent 
of public instruction. 

(f) Must plant trees around all 
school premises. 

(g) When stock runs at large, must 
erect suitable fences around said 
premises. 

3. Over Teachers: 

(a) Can employ only teachers who 
hold valid certificates. 

27 



(b) Must not employ teachers ex- 
cept upon a written contract. 
Said contract must be signed by 
at least (any) two members of 
the board. 

(c) Liability to teacher — Cannot 
break contract except for (1) 
''plain violation of contract" by 
the teacher, (2) ''gross immoral- 
ity," (3) "Flagrant neglect of 
duty." A teacher has a right to 
defend herself in court against 
any of these charges. 

(d) Liability to district — If a board 
enters into an illegal contract 
with any teacher and pays her 
out of the funds of the district, 
any tax-payer has a right to be- 
gin action against them to re- 
cover the amount so expended. 

(e) Must employ teacher if selected 
by a three-fourths vote, of the 
district, provided said teacher is 
legally qualified. 

4. Over Schools in Session: 

(a) "The district board shall have 
general charge, direction and 
management of the school." 

28 



(b) The board shall "assist and co- 
operate with the teacher in the 
government and discipline of the 
schools and may make proper 
rules and regulations therefor." 

(c) They may suspend pupils who 
are "habitually disobedient" for 
not less "than ten days nor be- 
yond the end of the current term 
of school." 

(d) Must "furnish, equip and supply 
all the schools in the district ac- 
cording to their several necessi- 
ties. 

(e) Must provide each school with 
one Websters International dic- 
tionary. 

(f) May provide "other high grade 
library books and books of ref- 
erence," not to exceed $10. in any 
one year. 

(g) Book case — (1) Must "procure 
a safe book case in which said 
books shall be kept," whenever 
the district, by a majority vote, 
has decided to use free text- 
books. (2) "The board shall 
provide suitable cases for the 
(Hbrary) books in each school." 

39 



These two statutes make it man- 
datory upon the board to fur- 
nish a suitable book case for 
each school in the district. 

(h) May close school not to exceed 
five days (one school week) to 
enable the teacher to attend the 
state or district state teachers' 
meeting. 

5. Organization : 

(a) "They shall organize, maintain 
and conveniently locate schools 
for the education of all children 
of school age (6 to 21) in the 
district." 

(b) Whenever petitioned by the par- 
ents or guardians of SEVEN 
children of legal school age (6 
to 21), all of whom reside with- 
in three miles of a school house 
or of a house proposed to be 
used as such, ''the board shall 
organize a school and employ a 
teacher therefor." 

6. Transportation — The board must ar- 
range for the transportation of all 
pupils who live at an ''unreasonable 
distance" from the school. In cases 
of dispute as to what constitutes "un- 

30 



reasonable distance," the county su- 
perintendent is made the sole judge. 
The language of the statutes and 
custom have fixed it at three miles. 

7. Outside Pupils— The board "shall ad- 
mit to the schools of the district, 
pupils from other districts when it 
can be done without injuring or over- 
crowding such schools, and make 
regulations for their admission and 
the payment of their tuition." 

8. Assignment of Pupils — Where a dis- 
trict contains more than one school, 
it is the duty of the board "at their 
annual July meeting, each year, (to) 
make the assignment and distribution 
of pupils to and among the schools 
in the district," ''taking into consid- 
eration the wishes of the patrons 
and the best interests of the pupils 
an district." It is plainly evident, 
if this action is not taken by the dis- 
trict board and a record made of it 
in the clerk's minutes, that if a popu- 
lar teacher comes into the district (if 
there be more than one school) there 
will be nothing to stop all the chil- 
dren in the township from crowding 
into her school. 

31 



9. Tuition — The board must pay $2. per 
month tuition for Eighth Grade 
graduates who are attending neigh- 
boring high schools ; the balance 
must be paid by the parent or guar- 
dian. (Laws of 1909). 

10. Consolidation — Whenever the board 
deems it advisable they may com- 
bine "two or more schools into one" 
and arrange for *'the transportation 
of the pupils." 

11. Discontinuation: 

(a) The board may discontinue a 
school. 

(b) The patrons may appeal the mat- 
ter to the county superintendent. 

(c) The superintendent shall decide 
the case and his "decision shall 
be heeded by the district school 
board." 

12. Closing School — The board has no 
authority to close school on account 
of contagious disease. This author- 
ity is vested in the county superin- 
tendent under Sec. 46, and in the 
county board of health by general 
statute. 

32 



On this point the law is very de- 
fective. The Moral Law has there- 
fore given rise to a general custom : 
When a board discovers contagion in 
their school, they proceed to close it 
temporarily, and send immediate no- 
tice to the county superint'endent. 
This illegal but righteous practice 
should be resorted to only in cases 
of extreme necessity. 

13. School Taxes : 

(a) Levied by the board. 

(b) Amount — Not to exceed 25 mills 
on the dollar in a year. 

14. Judgment Tax — The law expressly 
provides ''every school district * "^ ''' 
shall be and hereby is constituted a 
district corporation * * * and under 
its own proper name * * "^ may sue 
and be sued." It provides further: 
"Whenever any final judgment shall 
be obtained against any school cor- 
poration, the board thereof shall levy 
a tax upon the taxable property in 
the corporation for the payment 
thereof. * * * If the school board 
refuse or fail to levy such tax" the 
law will not permit the holder of the 
judgment to execute the same but 
permits the matter to pass into the 

38 



hands of the board of county com- 
missioners who shall cause such tax 
to be levied upon the property of the 
district." If the judgment is so large 
that the county commissioners can- 
not levy enough to meet it in one 
year without going beyond the 25 
mill limit, ''such levy may be re- 
peated until the judgment is paid." 

15. Bond Tax — The board is authorized 
to levy a sufficient tax to pay the in- 
terest on outstanding bonds, and to 
pay them off as they become due. 
In case they neglect or refuse to do 
this, the law empowers the county 
auditor to levy the tax. 

16. Free Text-books: 

(a) May be had upon a majority vote 
of the district. 

(b) The regulations for the care of 
the books is left to the board. 

17. Contracts — The law expressly pro- 
vides that the board MUST not enter 
into any contracts, expect ''for the 
employment of teachers," unless it 
be done "at a regular meeting or a 
regularly called special meeting" 

18. Bills: 

(a) Must not be allowed except for 
services rendered or for indebt- 

34 



edness incurred prior to their al- 
lowance. 

(b) There must be a bill on file to 
correspond with each warrant. 

(c) "Teachers must file a bill for 
each month's salary." (Opinion 
by Attorney General, February 
11, 1904.) 

19. Prosecutions — All prosecutions In the 
name of the district shall be begun 
by the chairman ; likewise, in all ac- 
tions against the district the papers 
must be served on the chairman — he 
being the legal head of the board. 
Parliamentary. 

1. Meetings — The board holds three 
regular meetings each year. Special 
meetings may be called at any time. 

2. Quorum — Two members constitute a 
quorum for the transaction of busi- 
ness. 

3. Chairman — If the chairman is absent, 
one of the other members acts (pref- 
erably the treasurer, — the clerk being 
charged with the responsibility of 
keeping the minutes). 

4. Clerk — If the clerk is absent, the 
chair appoints. 

5. Motions — A motion does not need to 

35 



be seconded, after being made, be- 
fore being put by the chair. 
6. Order of Business: 

(a) Roll call. 

(b) Adoption of minutes of previous 
meeting. 

(c) Unfinished business — Reports of 
committees, of officers, etc. 

(d) New business — Allowance of 
bills ; consideration of communi- 
cations and petitions ; appoint- 
ments of committees, etc. 

(e) Adjournment. 

Powers Denied. 

1. Making illegal contracts. 

2. Paying bills not allowed at a regular, 
or a regularly called special meeting 
of the board. 

3. From expending over $10. in any one 
year for reference books. 

4. From buying charts or similar de- 
vices without a vote of the district. 

5. From misappropriating public funds. 



36 



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38 



CHAPTER III. 
School Teachers. 

As the law provides for seven different 
grades of teachers' certificates, seven 
classes of teachers necessarily arise. Not 
all the qualifications of each class are es- 
tablished by law, but part of them are 
fixed by the superintendent of public in- 
struction. The qualifications for each 
class are herein treated separately. 
Qualifications. 
1. Life Diplomas: 

(a) Character — Must furnish satis- 
factory evidence of good moral 
character. 

(b) Age — At least 22, unless a col- 
lege or normal graduate. 

(c) Fee — Ten dollars. If applicant 
fails, one-half is returned. Resi- 
dent graduates are exempt from 
any fee. 

(d) Education — Must be graduate of 
a college giving a four years' 
course of instruction above a four 
years' high school course, or be 
a graduate of some normal school 

39 



giving a two years' course above 
a four years' high school course, 
or else pass an examination. 

(e) Professional Training — Must 
have done one-fourth work in 
one course of pedagogical studies 
for at least eighteen months. 

(f) Examination — ''Applicants shall, 
by examination or otherwise, 
show satisfactory proficiency in 
the following br^,nches : Read- 
ing, orthography, penmanship, 
arithmetic, grammar, composi- 
tion, geography. United States 
history including South Dakota 
history, civics, physiology and 
hygiene ;" must ''pass a satisfac- 
tory examination in physical geo- 
graphy, physics, algebra, geom- 
etry, general history of the pre- 
college grade, and in English 
language and rhetoric, English 
and American literature, either 
economics or sociology ;" must 
pass also in "any two of botany, 
zoology, physiology, physics, 
chemistry, Latin, German, geol- 
ogy and minerology, astronomy, 
algebra and trigonometry, all of 
the college grade; and pedagogy, 

40 



including principles, method, 
-management, psychology and 
history of education." 

(g) Papers — Marked by superinten- 
dent of public instruction. 

(h) Experience — Forty months. 

(i) Validity — During good behavior. 

(j) Pay — In order to take the exam- 
ination, teachers may dismiss 
school, not to exceed two days in 
any one year, without loss of pay. 

(k) Reciprocity — The state depart- 
ment is authorized to recognize 
the diplomas of other states, 
granted in accordance with the 
requirements for such diplomas 
in this state. 
2 . State Certificates : 

(a) Character — Must furnish satis- 
factory evidence of good moral 
character. 

(b) Age — At least 20, unless a col- 
lege or normal graduate. 

(c) Fee — Five dollars. If applicant 
fails one-half is returned. Resi- 
dent graduates are exempt from 
any fee. 

(d) Education — Must be graduate of 
, a normal school giving "at least 

one year's work above an ap- 

41 



proved four years' high school 
course," or of some "other school 
having a course of study equiva- 
lent to the state normal school 
course * * "^ together with a 
course of at least eighteen 
months of pedagogy and profes- 
sional training;" and two hours 
per week for one year in music. 
(Laws of 1909). 

(e) Provisional Certificate — A nor- 
mal school graduate must pre- 
sent evidence of eighteen months' 
successful experience in teach- 
ing. If applicant cannot do this, 
the superintendent of public in- 
struction may issue to him a pro- 
visional certificate valid for a 
sufficient length of time to en- 
able him to acquire this experi- 
ence ; after which, if he is suc- 
cessful, his state certificate will 
be issued. 

(f) Examination — Applicant shall 
"by examination or otherwise, 
show satisfactory proficiency in 
orthography, reading, penman- 
ship, arithmetic, geography, Eng- 
lish grammar, physiology and 
hygiene. United States history 

42 



including South Dakota History, 
and shall pass a satisfactory ex- 
amination in civil government, 
American literature, drawing, 
algebra, plane geometry, physical 
geography, physics or botany, 
general history, pedagogy; and 
English language, composition 
and rhetoric." 
(g) Papers — Marked under the dir- 
ection of the superintendent of 
public instruction, 
(h) Experience — Twenty-four 

months, 
(i) Validity — Five years. Renew- 
able, if successful, 
(j) Pay — In order to, take the exam- 
ination, teachers may dismiss 
school not to exceed two days 
in any one year, without loss of 
pay. 
(k) Reciprocity— The state depart- 
ment is authorized to recognize 
such certificates from other 
states, granted in accordance 
with the requirements for these 
certificates in this state. 
3. First Grade Certificates: 

(a) Character— Must be good. 

(b) Age— At least 18. 

43 



(c) Fee — One dollar. 

(d) Examination — Applicant must 
pass an examination in the fol- 
lowing subjects: Orthography, 
reading, writing, arithmetic, 
geography, physical geography, 
English grammar, physiology 
and hygiene, ' history of the 
United States, civil government, 
current events, American litera- 
ture, South Dakota History, 
drawing and didactics. 

(e) Papers — Marked under the direc- 
tion of the superintendent of 
public instruction. 

(f) Standings — Must average 85 and 
not fall below 75 in the follow- 
ing branches : American litera- 
ture, drawing, physical geog- 
raphy, and current events. Must 
average 90 and not fall below 
75 in the remaining branches 
commonly known as "second 
grade studies." 

(g) Experience — at least six months' 
successful experience. 

(h) Validity — Three years anywhere 
in the state in all grades below 
the high school. Renewable, if 
successful. 

44 



(i) Pay — In order to take an exam- 
ination, a teacher may dismiss 
school, not to exceed two days in 
any one year, without loss of 
pay. 

4. Second Grade Certificates: 

(a) Character must be good. 

(b) Age— At least 18. 

(c) Fee — One dollar. 

(d) Examination — Applicant must 
pass an examination in the fol- 
lowing branches : Orthography, 

. reading, writing, arithmetic, 
physiology and hygiene, geogra- 
phy, English grammar, history 
of the United States, civil gov- 
ernment. South Dakota history, 
didactics and drawing. 

(e) Papers — Marked undf^r direction 
of superintendent of public in- 
struction. 

(f) Standings — Must average 80 and 
not fall below 65 in any study. 

(g) Experience — At least six months' 
successful experience. 

(h) Validity — Two years in county 
wherein examined, in all grades 
below the high school. Good 

45 



in other counties if endorsed by 
the superintendents of such 
counties. Not renewable. 
(i) Pay — In order to take an exam- 
ination, teachers may dismiss 
school, not to exceed two days 
in any year, without loss of pay. 

5. Third Grade Certificates: 

(a) Character — Must be good. 

(b) Age— At least 18. 

(c) Fee — One dollar. 

(d) Examination — same as for sec- 
ond grade. 

(-e) Papers — Marked under direction 
of the superintendent of public 
instruction. 

(f ) Standings — Must average 75 
and not fall below 60 in any 
study. 

(g) Experience — None. 

(h) Validity — No time limit on 
third grade certificates is men- 
tioned in the present law. This 
leaves the superintendent of 
public instruction and the coun- 
ty superintendent free-handed 
in the matter. Valid only in 
school designated by county 
superintendent on face of cer- 

46 



tificate. Applicant limited to 
- two third grade certificates, 
(i) Pay — In order to take an exam- 
ination, teachers may dismiss 
school, not to exceed two days 
in any year, without loss of pay. 
6. Primary Certificate: 

(a) Character — Must be good. 

(b) Age — At least 18. 

(c) Fee — One dollar. 

(d) Examination — Applicant must 
pass a satisfactory examination 
in : Reading, writing, orthogra- 
phy, arithmetic, physiology and 
hygiene, geography, English 
grammar, history of the United 
States, South Dakota history, 
drawing, didactics, and in ques- 
tions in kindergarten and pri- 
mary methods. 

(e) Papers — Marked under direction 
of the superintendent of public 
instruction. 

(f) Standings — Fixed by superin- 
tendent of public instruction. 

(g) Experience — None. 

(h) Validity — In kindergarten de- 
partment, first and second grades 
only, in town Schools. Valid 
only in county where issued. 

47 



Good in other counties if en- 
dorsed by the superintendents of 
such counties. Duration, fixed 
by state superintendent. Re- 
newable, by state superintendent, 
if successful, 
(i) Pay — In order to take an exam- 
ination, a teacher may dismiss 
school, not to exceed two days in 
any year, without loss of pay. 

7. Special Certificates : 

(a) Justification — Inability of appli- 
cant to be present at regular ex- 
amination. 

(b) Grades of same — First, second or 
third. 

(c) Papers — Marked by county sup- 
erintendent. 

(d) Validity — In any school desig- 
nated by the county superinten- 
dent, until the next regular ex- 
amination, and only in grades be- 
low the high school. 

8. Constant Qualifications: While 

teaching, a teacher must at all 
times be possessed of a valid cer- 
tificate. (Amended laws of 1905) 
Duties. 
1. May read aloud to pupils the Bible or 
other books of moral instruction. 

48 



3. The teacher must give instruction in 
"truthfulness, temperance, purity, 
public spirit, patriotism and respect 
for honest labor, obedience to parents 
and due reverence for old age." 

3. Teachers must, "in addition to other 
branches of study as now prescribed" 
give instruction in a "system of hu- 
mane treatment of animals ;" also in 
music by means of blackboard drills 
and simple songs. 

4. Must teach five and one-half hours, 
exclusive of intermissions. 

5. Must admit pupils from outside dis- 
tricts, upon order of the board. 

6. During school, must act as librarian 
of the district. 

7. Must NOT hold school on Decora- 
tion Day, Thanksgiving Day, Christ- 
mas or Sunday. (Cannot collect 
wages for teaching on Saturday). 

8. Must dismiss school during the ses- 
sion of the normal institute. 

9. Must attend the normal institute. 

10. Must attend their respective district 
institutes or forfeit a day's pay. (It 
is doubtful if this statute would stand 
a constitutional test). 

11. By and with authority of the board 
may dismiss school not to exceed 

49 



five days to attend the state or dis- 
trict state teachers' associations. The 
time lost must be made up unless the 
board shall resolve otherwise. 

12. Should co-operate with the county 
superintendent in all things. 

13. Must keep a register showing in de- 
tail the work of the school. 

14. Teachers must classify the work of 
their schools according to the Course 
of Study and make reports as pre- 
scribed therein, owing to the fact that 
the statutes make the Course of 
Study a part of the school law. 

15. Reports: (The following reports are 
required only from those teachers 
who are under the DIRECT super- 
vision of the county superintendent. 
The blanks for these reports are fur- 
nished gratis by the county superin- 
tendent). 

(a) On the first day of school, or as 
soon thereafter as practicable, 
send to the county superinten- 
dent a Notice of such Beginning 
and the probable time when the 
term will close. 

(b) At the end of the first week send 
in your Classification Report. 

50 



(c) At the end of each month held 
regular monthly examination, 
and send Monthly Report to the 
county superintendent. 

(d) At the end of each month file 
with the clerk a bill for salary. 
(Opinion of Attorney General, 
Feb. 11, 1904). 

(e) At the proper time file bill for 
salary and mileage for attend- 
ing District Institutes. 

(f) At the close of school make out 
Term Report in duplicate, send- 
ing one copy to the county sup- 
erintendent and the other to the 
clerk. 

Salaries. 

1. Amount — Fixed by. contract. They 
are usually too low, making the pro- 
fession an act of charity. 

2. Payable Monthly, when bills for the 
same have been filed with the clerk. 
(Opinion of Attorney General, Feb. 
11, 1904). 

Teachers are entitled to draw only 
90% of their monthly salaries until 
the close of the term, as a guaranty 
of faith. (Opinion of Attorney Gen- 
eral, Sept. 16, 1904. If challenged, 

51 



it is doubtful if this opinion would 
stand the test of the courts. 

3. Extra Pay — Under a Special Act of 
1909, teachers are entitled to $1.50 
and five cents per mile each way, 
for attending their respective local 
district institutes, — not less than' two 
and not to exceed four in any one 
year. 

4. Janitor Work — Teachers cannot col- 
_ lect extra pay for janitor work unless 

so stated in their contracts. There 
being no specific law on the subject, 
CUSTOM (the '^mwritten" law) 
would hold. 



52 



CHAPTER IV. 
School Bonds. 

The law touching* upon the issuance 
of bonds is so confusing that it is 
deemed advisable to reduce the whole 
process to a graduated outline. Boards 
will have little bother by adhering close- 
ly to the following guide : 
1. Amount — First see that proper title 
has been secured to the school site ; 
then go to the county superintend- 
ent and specify to him the size of 
the building desired to be built, and 
talk over with him the equipment. 
Then have some reliable lumberman 
or contractor make a definite esti- 
mate of the cost of the building com- 
plete. Add to . this the cost of the 
site, if it is to be included in the 
bond issue ; of school desks, recita- 
tion benches, blackboard, stove, win- 
dow shades, and teacher's desk; also 
the cost of a bell if one is to be sup- 
plied. You will then have a practi- 
cal idea of the amount of bonds 
necessary to be issued. 

53 



2. Limitation — The amount of bonds 
which a district can issue is limited 
to $2,500, (laws of 1909), ''except in 
towns and villages of more than 300 
inhabitants." In these it is limited 
to 4% of the assessed valuation. 
Where two or more schools are con- 
solidated, the limitation is fixed at 
$4,000. 

3. Petition — Secure a blank petition for 
bond election from the county super- 
intendent. Fill out the heading care- 
fully, inserting the amount of the 
bonds proposed to be issued. Then 
circulate it over the district and se- 
cure the signatures of at least ''one- 
third of the voters resident in said 
school district," including all of the 
women over 21 years of age. File 
this petition with the clerk of the 
board. 

4. Special Meeting — The clerk must 
then call a special meeting of the 
board to determine the legality of 
the petition. 

5. Notice of Election — If the board ap- 
proves the petition they pass a reso- 
lution authorizing the clerk to issue 
a call for a special bond election. 
The clerk then posts notices of elec- 

54 



tion in *'at least three public and 
conspicuous places in said district 
* * ^ not less than twenty days 
before the meeting." The clerk 
should make four copies of these 
notices, reserving one to be filed with 
the county auditor. These notices, 
to be legal, must specify three separ- 
ate and distinct things : (a) Time 
and place of election, (b) Amount of 
proposed bonds, (c) "The time in 
which they shall be made payable." 

6. Election — The election is conducted 
on the day set in a manner similar 
to all school elections, — the clerk of 
the board acting as clerk of election 
and the chairman of the board as 
judge. 

7. Records Filed— The law expressly 
provides that the records of election 
shall be filed with the county audi- 
tor. These certified records must 
consist of the following: (a) The pe- 
tition, (b) Copy of the resolution of 
the board ordering the election, (c) 
Copy of the notices of election, (d) 
All the ballots cast, (e) The poll 
book. 

8. Sale — If the election is carried the 
district school treasurer shall then 



55 



negotiate with either some local citi- 
zen, the board, some neighboring 
bank, some regular bond company, 
or with the county auditor for the 
sale of the bonds. 
9. Denomination — They must be issued 
in one of the following denomina- 
tions : $50., $100., $150., or $200. 

10. Interest — They shall not draw inter- 
est to exceed 7 per cent, per annum. 
The interest must be paid annually 
or semi-annually as specified on the 
face of the bonds. 

11. Quality of Paper — All school bonds 
''shall be lithographed or printed on 
good bond paper." 

12. Form — They must specify on their 
faces, (a) Date, (b) Amount, (c) To 
whom issued, (d) Purpose, (e) Rate 
of interest. 

13. Certification — They must be certi- 
fied to by the county auditor (Section 
2387). 

14. Signatures — In addition to the coun- 
ty auditor's certification they shall be 
signed by the chairman and clerk of 
the school board. 

15. Numbered — They shall be numbered 
in numerical order and shall become 



E6 



due in the order in which so num- 
bered. , 

Registry — The school clerk must 
then register them in a book express- 
ly provided for that purpose. 
Tax Levy^The board is authorized 
to levy a sufficient tax to pay the 
interest on outstanding bonds, and 
to pay them off as they become due. 
In case they neglect or refuse to do 
this, the law empowers the county 
auditor to levy the tax. Consult 
Section 2388 Revised Code. (18) 
Payment — Whenever a bond has 
been paid by the treasurer, the board 
shall cause to be written in red ink 
across the face of said bond and its 
accompanying coupon, the words 
"Cancelled and paid." 
Record of Payment — The clerk shall 
enter in his bond book : (a) The 
number of such bond, (b) The date 
of such payment, (c) The amount 
paid. 

Cancelled Bonds — All bonds, as fast 
as they are paid, must be filed with 
the district treasurer. 
Destruction — All cancelled bonds, 
after being filed with the district 
treasurer, must be carefully pre- 

5t 



served by him until the last one out- 
standing has been paid. They must 
then ALL be destroyed in the pres- 
ence of the entire board. The clerk 
should (although not compelled to 
by law) make a record of the date 
of this destruction in his bond book. 
There are legal reasons to justify 
this suggestion. 



58 



CHAPTER V. 

Sub-Dividing Districts. 

(Complete Process). 

1. Time — Petition must be attended to 
before the 15th day of February so 
as to file it with the clerk at least 20 

' days prior to the election which oc- 
curs on the second Tuesday in March. 

2. Plat — A safe scheme is to g© to the 
county superintendent with a rough 
map indicating the proposed divi- 
sions, and let him prepare FOUR 
copies of a neat plat definitely setting 
forth the boundary lines of the new 
sub-divisions. 

3. Petition — Secure a blank petition 
praying for sub-division, from the 
county superintendent. Attach firm- 
ly to it a copy of the new plat. Cir- 
culate it freely over the district. If 
signed by at least one-third of the 
qualified electors of the district 
(women included) file it with the 
district school clerk at least 20 days 
prior to the second Tuesday in 
March. 

59 



4. Special Meeting — Although not com- 
pelled to by law, it is best for the 
clerk to call a special meeting of the 
board at once, by serving a written 
notice upon each of the two other 
members, to pass upon the legality 
of the petition. If they approve it 
the board should pass a resolution 
ordering the clerk to call a special 
election. If this step were omitted 
it might not invalidate the protess, 
yet it is the wisest way to handle it. 
The number of signers to the peti- 
tion might be comparatively limited. 
In this case, if the clerk acted on his 
notion, the whole thing might be 
thrown out in court, after the elec- 
tion, on the insufficiency of the pe- 
tition. The law contemplates this 
meeting — Sec. 2324, par. 1. 

5. Notices Posted — Notices of a Special 
Election must be posted in three 
public and conspicuous places in the 
district by the clerk at least ten days 
prior to the time set for the election. 
These notices of election must set 
forth three things, (a) Time and date 
of election, (b) Place, (c) Copy of 
new plat. On the day of election 

60 



the clerk must post a copy of the 
new plat at the polling place. 

6. Place of Election — The law compels 
the board, either at a regular or spe- 
cial meeting, to designate the place 
at which the election shall be held. 
(This justifies the argument for a 
special meeting, suggested under 
paragraph *'4.") . 

7. Election— The election is held at the 
time and place set, in a manner simi- 
lar to all school elections. 

8. Majority Vote — If a majority of the 
votes cast are in favor of the petition, 
the election is carried, even though 
those cast "for" and '^against" the 
petition do not equal the number of 
signatures attached to it. Frequent- 
ly, after voters have signed the pe- 
tition they lose interest in it and do 
not attend the election. To illus- 
trate : If only One vote were cast 
in favor of the petition and none 
against it, it would be carried. 

9. Election Returns — The clerk must 
file the original petition and the poll 
book with the county auditor. The 
election will be illegal unless this be 
done. 

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10. Action of Commissioners and Super- 
intendents — The county commission- 
ers at their regular meeting in April 
following the election, in joint ses- 
sion with the county superintendent, 
shall canvass the petition and the poll 
book. If satisfied that all has been 
done legally they proceed to sub-di- 
vide the district into new districts 
as set forth in the plat attached to 
the petition. At this meeting* they 
name the new districts ; and in coun- 
ties where the numbering process is 
in vogue, they give each its respec- 
tive number. 

In order to facilitate matters the 
commissioners should, at this meet- 
ing, appoint a committee consisting 
of the county superintendent and at 
least two members of their own 
body, to visit all the schools in the 
district before their regular July 
meeting, and appraise the value of 
each schoolhouse and site, also the 
furniture, apparatus and fixtures. 

11. Appointment of Officers — Section 
2330 provides : "Whenever a school 
district shall be formed, the county 
superintendent of schools shall ap- 
point temporary officers for such 



62 



school district, who shall serve until 
the first annual school election fol- 
lowing and until their successors are 
elected and qualified." 

12. Duties of New Officers— (a) Clerk: 
The new clerk must take the census 
as required by law. He must also 
post the notices for the regular June 
election, and act as clerk of the same. 
He may also find it expedient to call 
one or more special meetings of the 
new board. (b) Chairman : The 
chairman will have nothing to do 
until the June election, imless a spe- 
cial meeting of the board should be 
called, (c) Treasurer : The treasur- 
er will have nothing to do, unless a 
special meeting be called, for no 
funds fall into his hands until after 
the county commissioners and the 
county superintendent have appor- 
tioned the funds of the old district 
among the new ones at their joint 
meeting in July. 

13. Duty of Old Officers— (a) Special 
Meeting: The clerk should call a spe- 
cial meeting of the old board on or 
before the first Monday in July. At 
this time the accounts of the district 

63 



should be gone over carefully; and if 
bills have been filed, and there is 
sufficient cash on- hand, warrants 
• should be issued for all outstatiding 
indebtedness, other than school 
bonds. Here common sense must 
step in and supply the deficiency in 
the law. This is the most opportune 
time for the old clerk and treasurer 
to make out and submit to the board 
for adoption and to the county super- 
intendent for his approval, their an- 
nual reports, thus giving the super- 
intendent a chance to check up their 
accounts and approve the same be- 
fore the money is turned over to the 
county treasurer for distribution 
among the new districts ; besides 
making it possible for the old clerk 
and treasurer under Section 2340, 
Par. 4, to secure their annual salaries 
before the funds are divided, thus 
saving an endless chain of bother. 
This meeting, if possible, should be 
held in the office of the county super- 
intendent where access to the county 
records can readily be had, as many 
things will come up for final adjust- 
ment, (b) Glerk : The law provides 
that the clerk "shall, on or before 

64 



the first Monday in July following 
the division "^ * * forward to the 
county auditor a certified statement 
of the finances of the district, includ- 
ing the bonded and other indebted- 
ness." (c) Treasurer : ''On or before 
the first Monday in July," the treas- 
urer must "turn over to the county 
treasurer all money belonging to said 
district." 

Apportionment of Cash and School 
Property — At their regular July 
meeting, which, according to law, 
comes on the next day after the funds 
have been turned over to the county 
treasurer, the county commissioners 
and county superintendent, acting in 
conjunction, must apportion the cash 
and property of the old school dis- 
trict, equitably among the new ones. 
The following illustration will prove 
a helpful guide: If the old district 
had in it four schools, number 1, 2, 
3, and 4, respectively; and th(^ ap- 
praisement committee, heretofore 
suggested, should fix the total valua- 
tion of No. 1 at $325., of No. 2 at 
$380., of No. 3 at $344., and of No. 4 
at $361., and there were still $210. in 
cash to be apportioned, it would have 

65 



to be divided so that each new dis- 
trict would receive its equitable 
share of both the cash and the prop- 
erty. To do this, add together the 
values of the four schools and the 
cash. In this case it would total 
$1620. Dividing it equally among 
the four districts, each should receive 
cash and property valued at $40B. 
By subtracting from this sum the ap- 
praisement of each school, it will be 
found how much cash each district 
is entitled to receive. For instance 
No. 1 would receive $405. less $325. 
or $80. in cash ; No. 2 would receive 
$25. ; No. 3, $61. ; No. 4, $44. 
15. Apportionment of Indebtedness — 
The indebtedness of the old district 
divides itself naturally into two clas- 
ses ; namely, Lyocal Debts, or those 
arising from current expenses, and 
Bonded Debts, or those arising from 
outstanding bonds. The old board 
should make an efifort to have bills 
filed for all local debts, and at their 
last special meeting, if there is suffi- 
cient cash on hand, they should issue 
warrants for all of them, leaving 
nothing but the bonded indebtedness 
which, under Sec. 2323, Par 2; will 

66 



be disposed of by the county commis- 
sioners. If there are more local debts 
than there is cash to meet, they too 
will have to be apportioned among 
the new districts by the commission- 
ers and the county superintendent, — 
the latter not sitting with the com- 
missioners while the bonded indebt- 
edness is being disposed of. It is 
never wise for a district to sub-divide 
until its old school bonds are paid 
off. 

16. Records — The law is silent as to what 
shall be done with the old records. 
However, they should be filed with 
the county superintendent for further 
reference by him in assisting the offi- 
cers of the new districts to get started 
in their perplexing work. 

17. Turning Over the Cash — As soon as 
the new treasurers elected at the June 
election, have filed their oaths and 
bonds as required by law, the county 
superintendent should notify the 
county auditor to issue warrants on 
the county treasurer in favor of each 
of the new district school treasurers 
for the funds on hand due their re- 
spective districts. The new school 
districts are now firmly launched : 



each is a body corporate ; each can 
contract debts, sue and be sued ; and 
exercise all the privileges enjoyed by 
any other corporation as to issuing 
bonds, etc. 
P. S. A few chapters of the law, sel- 
dom used, have not been SIMPLIFIED. 
—The Author. 



68 



MAY la mm 



